If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.

Which Parent Should Get to Claim Kids on Income Tax Return?

My question involves child support in the State of: PA

Does the domestic relations office decide who claims the kids for income tax purposes? Is it automatically the CP? When my ex and I split, we agreed that each of us would claim one child for tax purposes. The first year I claimed 1, she claimed 1. The 2nd year I went to file, and she had filed before I did, and she claimed both of them. I called her up and she told me that her lawyer said she has the right to claim both of them and there was nothing I could do about it. She has been claiming them both for the last 3 years. I am the NCP, but I am the one who pays the child support which I pay the taxes on, and she collect the child support and she does not have to claim that as income. I don't think that is fair. We both pay to support the kids, so why should she be able to get the tax deductions for them when I am the one paying more in taxes? How do I go about being able to claim one of my children? I want it to be fair. She claims one, I claim one. She will never agree to let me claim either one. Any advice is appreciated.

Re: Which Parent Should Get to Claim Kids on Income Tax Return?

This should have been addressed in the child custody order.
If it was not, then you have to go back to court.
(although, I personally think the person who has physical custody should claim them. Even with cs they usually spend more money and time on the children.)

Re: Which Parent Should Get to Claim Kids on Income Tax Return?

It was never stated in the custody arrangement. She automatically got the kids because she is the mother. I had no say so in that. I wanted them, but it did not matter. They gave them to her and unless I can prove her unfit, that is the way it is. She just finally went back to work after being off for a year. Her unemployment ran out, then she got that extension, and it ran out, so she had to find work. So, I paid more than 50% of the support for my kids this year, and I think I read somewhere that whoever pays the most to support the kids, gets to claim them on income tax. She used to make more than I did, but now she does not. I think it also said that I would have to file a modification with the dom rel office in order to do this. I'm not sure, that is why I am asking.

Re: Which Parent Should Get to Claim Kids on Income Tax Return?

Quoting lbbk

My question involves child support in the State of: PA

Does the domestic relations office decide who claims the kids for income tax purposes? Is it automatically the CP? When my ex and I split, we agreed that each of us would claim one child for tax purposes. The first year I claimed 1, she claimed 1. The 2nd year I went to file, and she had filed before I did, and she claimed both of them. I called her up and she told me that her lawyer said she has the right to claim both of them and there was nothing I could do about it. She has been claiming them both for the last 3 years. I am the NCP, but I am the one who pays the child support which I pay the taxes on, and she collect the child support and she does not have to claim that as income. I don't think that is fair. We both pay to support the kids, so why should she be able to get the tax deductions for them when I am the one paying more in taxes? How do I go about being able to claim one of my children? I want it to be fair. She claims one, I claim one. She will never agree to let me claim either one. Any advice is appreciated.

It depends on what is stated in the divorce. You can also find out who can claim the children, according to federal law, at irs.gov.

Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.

Untitled Document

Notice: Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.